Here are the questions asked by community members. Read on to see the answers provided by the ThriftyFun community.
My ex and I were never married. We have two children together, but there has never been a child support order. He can retire in a few years. When he retires, will my kids be eligible for SS dependent benefits on his account? Or does there need to be a child support order in place for them to receive benefits?
You will need to ask this to SS. However, most likely his name will need to be on their birth certificates.
My ex has my kids 5 days a week. We have 50/50 joint and physical custody. He gets a disability check and gets $600 more for my kids.
I'm paying child support. Would that affect his check? Will his benefits get reduced?it really depends on whether the courts establish what the financial need is which is on a case by case basis. If the courts establish that the needs exceed the fund then yes, that could affect the check.
I was injured in the military and got approved for SSDI. I've paid child support on time and lived on limited income. I told the SSA that my child lives 50/50 with both parents. The SSA sent my ex the back pay for the child, how can that be legal?
She gets double child support paid to her when I've been suffering and going without to pay for my child. I have proof of child support paid, can I take my ex to court to get my SSDI backpay?This is really tough and I know you must really feel frustrated but it is possible you will not be able to get any money back but you may be able to reduce your support payments.
My disability check was being garnished for child support by court order and processed by Social Security. My daughter turned 18 last December and I received a notice that my support had been terminated. Then the same month I received a notice from SS again stating that she started college, so the garnishment would continue until she graduated. So I was never without paying and they pulled it out in Dec., Jan., Feb., and now March. Then I received another letter stating that she actually never started college, so the SS office said again I was not obligated to keep paying. Yet, they never stopped garnishing me. So I would ask, how do I get my over payments back? I use direct express. Will they put it on the direct express card or how will I get it?
thank you
It appears that your divorce stating conditions of child support probably had a condition that you would continue paying support if the child went to college.
I am a grandparent raising 3 grandchildren. The parents were ordered to pay child support and not much at that, but anyway they have never paid a dime in 2 years. Now the mother is bragging that she will never have to pay me because she just got her SSI. My question is this, can the children draw on her SSI and receive a check also?
This is completely unfair, I have to pay for everything for all these children and she won't even buy them a birthday present. I have to take the kids every other weekend to spend 2 hours with her for visits. And now she is bragging she don't have to pay. I think the law should say no child support, no visits.So sorry you are going through that. From a cursory look, it looks like at times SSI can be garnished. I think most likely due to your senior status you would get special consideration. You might contact legal aid.
"If you are awarded SSI, your benefits cannot be garnished to make child support payments. If you receive SSDI and have been court-ordered to pay child support (or alimony), your benefits can be garnished to satisfy your legal obligation." www.nolo.com/
My ex owes me over $5,000 in child support. I obtained an order from the court last May 2016 for $2900. In October 2016, my ex was approved for Social Security since he claims to have a disability. I received my first disability check in January 2017, which is $1056.
My child support amount is $420. Will the court subtract the $420 from the $1056, and then add the $636 towards the money that is owed from the $5,000?Sorry - I have read your question several times and still do not understand it.
You state your ex has applied for SS disability but then you state YOUR first disability check (are you on disability also?) will be $1056. ??
I have two children. I am on SSI disability and my daughter is on SSI disability. I am separated from their father. I am currently filing to receive child support. How much will that effect my SSI disability, how much will that effect my daughter's SSI and will it effect the amount of my son's child support? Thank you for any information.
By Angie B
It would depend on the amount of child support you receive. Talk to your local Social Security Office about it.
I started receiving child back support payments because my ex-husband started collecting Social Security. Do I have to report that money on my tax return for 2013?
By Carmen
You better consult an attorney on that matter. Back in 1983 when I was getting divorced I asked my attorney which I could get more of child support or alimony and he told me I didn't want alimony because I would have to pay income tax on that, but I wouldn't have to on child support. My ex-husband would have to pay taxes on the child support because it was coming out his earned income. By now things might have changed so your best bet would be to spend a little in order to talk to an attorney.
I live in Oklahoma and receive disability benefits. My child receives benefits from my disability. The amount is over $900.00 per month, or half of my benefit amount. Is it possible for the court to order me to pay more?
By SL
Talk to your local Child Support Enforcement Office. They will know more about this than we do. Or else talk to your attorney.
My ex-husband stopped paying his court-ordered child support approximately six months ago. I have made several attempts to reach him, to no avail.
He does not live in the United States anymore, and currently lives in Europe somewhere, but I am unsure of where since he is now remarried to a German woman. He is not in the military, I don't know where he works, and he has never shared his phone number with me or my children. He has not called the kids in more than seven months, and I am guessing that he has no plans to do so in the future.
I am not trying to force him to pay the child support, but merely protect myself and my kids. When we split, we decided on shared custody, 50/50, and now that he can't be found, I am not sure what to do. My fear is that he will reappear and take my kids and I am powerless to do anything about it. If he can't be served because he can't be located, what should my next/first step be in order to attain full custody of my children?
By Amanda
The answer depends on the laws of your state. Have you tried a search using the term 'child custody laws (and the name of your state'? Should be a lot of info there.
It's possible that the attorney who handled your divorce can go back to the court and prove he has effectively abandoned the children-you'll need to provide evidence of non-payment of child support, proof that he has left the USA and entered into a new marriage to a EU citizen and has made no effort to contact the children since (which should presumably prove he has no interest in returning to the US and a relationship with your children).
You'll probably have to also provide proof that you have been diligent about attempting to contact him to encourage a continuing relationship with the children.
There may be other pieces of evidence, but (depending on the laws of your state) your attorney should be able to terminate his parental rights, and arrange for him to be tagged as a potential parental kidnapper.
The children's schools, your state and local police, and possibly the US State Department should be contacted and made aware of the potential parental kidnapper status if you can get your custody order changed to eliminate his rights.
Is he a US citizen? If yes, you may be able to use State Department channels to track him down-consult your attorney.
Make sure YOU apply for and receive US passports for the children NOW to prevent him from using his current parental standing to obtain passports for the children and then use those passports to remove your children from the US.
Good luck. I went through a divorce when my youngest was 16 and only because I'd taken the steps above was I able to prevent my ex from grabbing our son. He did try-he applied for a US passport...luckily my divorce attorney had forewarned me and I'd already got the passport. When the ex applied for a passport for our son he ticked the 'first' passport box which triggered an alarm at the State Department.
My son is now 30-and I raised him. He never saw his father again.
Please update, and let us know how things go for you!
My ex-husband, who is unable to work, started to collect SS 8 yrs ago. He is now 52, since then we receive $457 a month for our son. He wants to try to lower the monthly payment in hopes that his own payment will go up. Can he do that, is it possible?
By DD
If you were awarded child support in a court of law he is obligated to pay the amount until your child is no longer a "child" (usually when they turn 18). If he wants to get the amount lowered he has to go back to court and have the court change his amount.
In my case, when I went on SSD (social security disability) I mentioned to them I had child support payments. Social Security granted a partial payment to my wife. She started getting a check each month from Social Security. The amount I had been assigned from the court was $900 and Social Security paid all but $291.
This became my new responsibility to my wife with regard to child support. Social Security initially wasn't going to pay anything because they didn't know about my obligation, I just happened to mention that child support was going to suck up most of my SSD each month and the SS representative said I might be able to get help. This may be an issue with your ex.
Please help me understand this, okay? My son is 6 years old, his dad has not helped raise him since he was born. He recently got Social Security benefits, and I signed up to be C's payee. The back pay for Social Security went to his father instead of me, I then had his father send it to me. (It was was $218.00 short.) He has a daughter from a previous marriage. He got the same amount for her, but then he went and filed a motion with F.O.C. and got all of his arrears and child support taken away.
Here is my question. Should he have gotten the arrears taken away because I got back pay from Social Security? And should he still have to pay child support? His ex wife went and filed a motion to stop paying him child support because he gets a monthly check for her as well and the judge ordered her to keep paying child support. So how did he get his child support stopped with me for C? I'm so frustrated and need answers. Please help!By Sarah C.
Deal directly with Social Security as they know what the rules are.
What if the father of my two sons is dead and he owned me child support? The boys are 18 and 20. Their father was receiving Social Security when he died. Will I still get the money he owned me?
By Annmarie
Your lawyer will have to answer the question about getting money owed from child support. You may be able to get that from his estate. You should be able to get survivors benefits for your boys through his Social Security benefits. All you have to do there is contact your local Social Security Administration office.
If you do get money from his estate toward back child support owed, it may affect the amount of SS benefits, but again, you would need to check with both your lawyer, and SSA office. Best of luck to you.
Can the state make you pay child support when the child also gets money from my SSA check?
By Robert
You would have the call the Social Security Administration!
Your question can be answered best by an attorney in your state that practices either divorce or tax law. Social Security can not answer your question as they do not answer questions other than federal tax code. They have no interest in whether a person has to pay child support or not.
If my 18 year old son for whom I pay child support starts receiving SSI or SSD, am I still responsible to pay child support? He is going to remain in high school until he is 21, but continue to receive a monthly check? I have never had a decrease in child support. In fact I still pay the same amount I have paid since the kids were born.
I have 4 kids and all are over 18 except my one who is 16 and has a baby and also gets state assistance. I have lost my job due to an injury and have been on workers comp and my salary went down a lot, but my exwife's support is the same. It doesn't seem right to me. Does anyone know if my ex might be responsible for an overpayment based on what I have been paying her? I just thought it would automatically drop off but have been paying all this money under changed circumstances. Thanks for your help.
By Fara
If you want the amount of child support you pay decreased you have to ask for a child support modification. Talk to somebody in the child support enforcement office. When my daughter was a minor she received SSI and my ex husband still had to pay child support. He started out having to pay $150.00 monthly and being he was a public employee once a year his salary along with all the other public employees in our city was published in the daily paper. When I decided he had enough raises to make it worth while, I went to my child support office and asked for a modification of child support, and a judge raised it from $150.00 a month to $300.00 a month.
As a whole the absent parent is supposed to be responsible for at least partial support of the minor kids. My ex husband paid child support for our daughter until she was 23. Besides her SSI, she was also working about 10 hours a week for minimum wage. When my daughter quit getting child support, her SSI went up to make up for most of the child support that she was no long receiving. I decided to let my "ex" off the child support because it was getting to be a hassle, even though when we got divorced he signed papers saying he would pay support until, if ever, she was able to support herself. The reason I decided to let him off the support was because that way, it was like the divorce became really final. I also required a $1,000.00 settlement in the form of a certified check, when I decided to let him off paying support. My daughter started receiving SSI the day we got divorced.
Is your minor child living with his/her mother or what? You can bet your bottom dollar that if that child is living on her own, he/she isn't receiving enough state aid to support a family of two. If your son is receiving SSI, the amount of child support you are paying has to be reported to the Social Security Office and there will be a suitable amount deducted from the SSI/Disability check to make up for the child support.
I don't understand absent parents that think they are being abused because of having to pay child support. To this day, if my daughter needs something big like a new dresser or bed or something, I can call my "ex" who lives 70 miles away, and he sticks a check in the mail for half the amount. We got divorced in 1983, after 20 years of marriage. I don't know if your "ex" would have to pay anything back or not. If it was my decision I would say no. It was up to you, when your income went down, to go to child support and ask for a modification. Also just knowing the way SSI/Disability works, your son would get a larger amount if you weren't paying child support. If your minor child is still living at home, and you are paying support for that kid, I think the amount of support you pay is kind of divided up between all the family members living in the house.
If you could get freed from paying support for your disabled son, on the condition that his disability check would go up, maybe your minor child with the baby could move in with you, then you would no longer have to pay support.
Your obligation for child support is to your ex wife to help her raise your son. If the son gets money (no matter where it comes from) that is his money.
The only advise I can give you is to talk to a lawyer regarding your commitment to your wife with regard to your change in pay to the child support she was awarded.
I am no lawyer. I am giving you my thoughts based on a logical flow of events, action reaction kind of stuff, and the facts provided.
You need to hire a lawyer or try to see if you are eligible for low cost or free legal aid. Every state has different rules on child support and to what age support must be paid but one of the biggest factors is going to be what the divorce decree agreement was and what the divorce judge ordered.
As was already mentioned you can file for support payment modification but that might bite you in the behind because the amount could also be raised.
SSA and SSI have nothing to do with what you yourself are required to pay for child support. As to what is fair or not fair, well, is it fair that children you brought into this world should suffer simply because you feel your ex might be doing better than you now? Chances are that she/he had far less income going into her/his bank account than you did for quite a few years and she was actually paying more than her fair share to raise your children.
I may be seeing things here a little differently than the others. What I picked up on is that you said you've been paying the same amount since the kids were born & that you have 4 kids but only 1 is under 18. Are yous still paying child support for the 2 who are over 18 & not disabled?
I think you are only legally obligated to pay child support until your child is 18, unless they are disabled in some way or in college. So if the older 2 are not disabled or in school, you should not still be paying child support for them.
As for the other 2, you still have to pay support for them. As for the amount, it is up to you to ask for a change, not your exes' obligation to do so. You need to do an internet search on child support laws in your state.
My ex-husband is disabled and he is the custodial parent of our adopted son. He receives a Social Security child benefits for our child in the amount of $779 a month and he wants child support as well. He is claiming that I do not receive a credit towards child support for the Social Security child benefit he receives because it is derived from his earned income/disability.
All the cases I have found only reflect the disabled parent receiving credit for the Social Security child benefit towards child support. I am in need of a case for a court reply showing credit towards child support for the non-disabled parent in Florida. Does such a case exist?I'm raising my grandson. His father owes back support from the time he was born. Is my grandson going to see any of the support owed him from his father's SSI when and if his father gets benefits at retirement? His father never worked a day of his life. Does he still get SSI? Thank you.
My eleven year old daughter hasn't seen or heard from her biological dad since she was 16 months old. He initially threatened to "take her away" from me, but when I explained I would ask for child support, he lost interest, which was for the best as he was very abusive. As a result, I have never received a dime of child support from him or any government program. Recently it was brought to my attention that he is fighting stage four squamous cell carcinoma, and I'm wondering; if he files for disability, would I be able to make a claim for my daughter to benefits? Would he be privy to this if I did? Even ill, he would be spiteful enough to try to make my life a living hell if he thought I was taking away any of his control. Should I just wait to file after he's deceased, if that does happen? Or, if he should beat the odds and live a long, healthy life, could she sue him for back child support after she's an adult? Any and all help would be appreciated.
For the past 2 years my young son has been receiving $1000 a month from Social Security as I am collecting full Social Security. I also have been paying the courts $260 a week for child support which is $1040 a month. From what I have been reading I should not had to pay the the child support of $1040, but only $40 a month as she receives $1000 a month from my Social Security. Is this correct? And if so would I be entitled to credit in the back child support that I have already paid?
